P.

FACTS

May 7, 2010 Crimes

On May 7, 2010, Ponce and another, much shorter,3 man

entered a 7-Eleven store at El Camino and Northgate shortly

before 4:00 a.m. They wanted to buy beer, but the clerk refused

to sell it to them because it was after 2:00 a.m. The shorter

man held his fist under his shirt at his waist and said he ―got

something.‖ The clerk feared he had a weapon. The two men

grabbed three cases of beer and ran off. Ponce returned and

grabbed cigarettes. May 9, 2010 Crimes

On May 9, 2010, at about 3:40 a.m., Ponce and Bravo entered

a 7-Eleven store in Rio Linda. Gueyger was in a Jeep Cherokee

waiting outside. Ponce asked for cigarettes. The clerk claimed

Gueyger was initially charged as the second robber. After an enhancement of the store video showed the height differential between Ponce and the other robber was too great for the second robber to be Gueyger, the trial court granted Gueyger‘s motion for acquittal pursuant to section 1118.1 as to counts 9 and 10. Only Ponce was found guilty of the May 7 robbery.

3 Ponce pulled out a knife. Ponce and Bravo ran out with

cigarettes, soda, and snacks (counts 1, 2, 3 and…